European Law 21.03.2025
Topics
Animal Welfare and EU Law
EU regulations dictate standards for the treatment of animals in the region to ensure their well-
being and protection from cruelty.
Legislation covers areas like transportation, farming practices, and testing procedures.
The regulations aim to harmonize practices across member states for consistency.
Enforcement mechanisms include inspections and penalties for non-compliance.
Animal welfare standards have been established for various industries, including agriculture
and scientific research.
approximation of laws
Approximation of laws refers to the process of harmonizing national laws within a particular
region to create a unified legal framework.
Objective is to facilitate trade, ensure common standards, and promote cooperation among
member states.
Involves identifying differences in laws, drafting common regulations, and implementing
mechanisms for enforcement.
May include directives, regulations, and decisions to establish legal norms across
jurisdictions.
Helps eliminate legal barriers and inconsistencies, leading to improved efficiency and
alignment in the legal system.
Article 50 TEU
Article 50 TEU outlines the process for a member state to voluntarily withdraw from the union,
including negotiations on the terms of withdrawal.
Notification of intention to withdraw triggers a two-year negotiation period.
Extension of negotiation period requires unanimous agreement.
Agreement on withdrawal terms needs approval from the European Parliament and the
Council.
Lack of agreement by the end of the negotiation period results in automatic exit.
Article 114 TFEU
,Article 114 TFEU provides the legal basis for harmonizing national laws on the approximation of
member states' legislation to ensure the functioning of the internal market.
It allows the EU to adopt measures to eliminate barriers to trade and create a level playing
field among member states.
It covers areas such as product standards, labeling requirements, and technical regulations.
The article empowers the EU institutions to enact directives that member states must
implement into their national laws.
It plays a crucial role in promoting economic integration and ensuring the free movement of
goods within the EU.
Characteristics of the internal market
The internal market is characterized by the free movement of goods, services, capital, and people
among member countries.
Harmonized standards promote cross-border trade efficiency.
Non-discrimination ensures equal treatment for businesses and individuals.
Competition rules prevent monopolies and promote fair market conditions.
Mutual recognition allows products lawfully marketed in one country to be sold in another
without additional requirements.
Charges having Equivalent Effect (CEEs)
Charges having Equivalent Effect (CEEs) refer to measures imposed by a Member State that
have similar effects to customs duties.
CEEs include taxes, fees, or any other charges that hinder the free movement of goods within
the European Union.
CEEs can be direct or indirect restrictions on trade between Member States.
To determine if a charge is a CEE, factors such as its purpose, design, and how it operates are
considered.
The distinction between legitimate internal taxes and CEEs lies in whether the charge hinders
or restricts the free movement of goods.
Charter of Fundamental Rights
The Charter of Fundamental Rights safeguards the rights and freedoms of individuals within the
EU, encompassing civil, political, economic, and social rights.
It was officially proclaimed in 2000.
It became legally binding with the Lisbon Treaty in 2009.
It includes rights such as dignity, liberty, privacy, and equality before the law.
It applies to all EU member states.
,Commission v Italy (Trailers) case
In the 'Commission v Italy (Trailers) case,' Italy was found to have violated EU rules by imposing
discriminatory taxes on foreign trailers.
Italy failed to comply with EU law by not treating domestic and foreign products equally.
The European Commission took legal action against Italy, leading to a ruling by the Court of
Justice of the EU.
The case underscored the importance of non-discrimination and fair competition in the EU
single market.
Italy was required to amend its tax legislation to ensure compliance with EU regulations.
Constitutional Treaty (2003–2005)
The Constitutional Treaty aimed to establish a consolidated constitution for the European Union
but failed due to rejections in referendums.
Drafted by the European Convention under the leadership of Valéry Giscard d'Estaing.
Intended to streamline decision-making processes and increase transparency within the EU.
The treaty was signed by EU member states but ultimately not ratified.
Its failure led to the creation of the Lisbon Treaty, which incorporated some provisions from
the Constitutional Treaty.
Council of the European Union
The Council of the European Union is one of the main decision-making bodies of the European
Union, where representatives of EU member states meet to discuss, negotiate, and adopt laws
and policies.
The Council consists of representatives from member states, typically ministers from
national governments.
It shares legislative and budgetary powers with the European Parliament.
The Council's decisions are binding on all member states.
Its primary role is to coordinate policies and resolve conflicts between member states.
Court of Justice of the European Union ruling in Case
C-621/18 Wightman
The ruling addressed the revocability of Article 50 notifications, allowing unilateral revocation
before a withdrawal agreement is in force.
The case was brought by Scottish politicians seeking clarification on the UK's ability to
unilaterally revoke its notification to leave the EU.
The Court concluded that a Member State has the right to revoke Article 50 before the
, withdrawal agreement's entry into force.
This ruling confirmed that a Member State can stop the Brexit process unilaterally without
needing consent from other EU members.
It emphasized the sovereign right of a Member State to decide unilaterally to revoke the
decision to withdraw from the EU.
Delegated and implementing acts
Delegated acts provide the European Commission with the power to supplement or amend non-
essential parts of a legislative act.
Implementing acts are used to ensure uniform application of EU laws across all member
states.
These acts are adopted by the Commission and are directly applicable in all EU countries.
Delegated acts are subject to control by the Parliament and Council, ensuring democratic
oversight.
Both acts play a crucial role in the EU decision-making process and contribute to the
effectiveness of EU legislation.
Derogations from harmonization under Article 114 TFEU
Derogations from harmonization refer to allowed exceptions from standardization efforts
specified under a key article, offering flexibility for member states.
Member states can deviate if necessary precautions are justified and communicated.
Such derogations are meant to balance between uniformity and national sovereignty.
Consistent monitoring is required to ensure derogations do not impede overall integration
goals.
Article 114 TFEU sets the legal framework for such exceptions within the scope of
harmonization.
Direct applicability
Direct applicability refers to the ability of a legal norm to automatically and immediately take
effect without the need for further national legislation.
Direct applicability bypasses the requirement for member states to transpose the norm into
their domestic law.
It is a characteristic of certain types of international agreements and treaties.
Directly applicable norms are enforceable in national courts without the need for
implementation measures.
This principle aims to ensure uniformity and efficiency in legal enforcement across
jurisdictions.
Direct applicability of EU secondary law
Topics
Animal Welfare and EU Law
EU regulations dictate standards for the treatment of animals in the region to ensure their well-
being and protection from cruelty.
Legislation covers areas like transportation, farming practices, and testing procedures.
The regulations aim to harmonize practices across member states for consistency.
Enforcement mechanisms include inspections and penalties for non-compliance.
Animal welfare standards have been established for various industries, including agriculture
and scientific research.
approximation of laws
Approximation of laws refers to the process of harmonizing national laws within a particular
region to create a unified legal framework.
Objective is to facilitate trade, ensure common standards, and promote cooperation among
member states.
Involves identifying differences in laws, drafting common regulations, and implementing
mechanisms for enforcement.
May include directives, regulations, and decisions to establish legal norms across
jurisdictions.
Helps eliminate legal barriers and inconsistencies, leading to improved efficiency and
alignment in the legal system.
Article 50 TEU
Article 50 TEU outlines the process for a member state to voluntarily withdraw from the union,
including negotiations on the terms of withdrawal.
Notification of intention to withdraw triggers a two-year negotiation period.
Extension of negotiation period requires unanimous agreement.
Agreement on withdrawal terms needs approval from the European Parliament and the
Council.
Lack of agreement by the end of the negotiation period results in automatic exit.
Article 114 TFEU
,Article 114 TFEU provides the legal basis for harmonizing national laws on the approximation of
member states' legislation to ensure the functioning of the internal market.
It allows the EU to adopt measures to eliminate barriers to trade and create a level playing
field among member states.
It covers areas such as product standards, labeling requirements, and technical regulations.
The article empowers the EU institutions to enact directives that member states must
implement into their national laws.
It plays a crucial role in promoting economic integration and ensuring the free movement of
goods within the EU.
Characteristics of the internal market
The internal market is characterized by the free movement of goods, services, capital, and people
among member countries.
Harmonized standards promote cross-border trade efficiency.
Non-discrimination ensures equal treatment for businesses and individuals.
Competition rules prevent monopolies and promote fair market conditions.
Mutual recognition allows products lawfully marketed in one country to be sold in another
without additional requirements.
Charges having Equivalent Effect (CEEs)
Charges having Equivalent Effect (CEEs) refer to measures imposed by a Member State that
have similar effects to customs duties.
CEEs include taxes, fees, or any other charges that hinder the free movement of goods within
the European Union.
CEEs can be direct or indirect restrictions on trade between Member States.
To determine if a charge is a CEE, factors such as its purpose, design, and how it operates are
considered.
The distinction between legitimate internal taxes and CEEs lies in whether the charge hinders
or restricts the free movement of goods.
Charter of Fundamental Rights
The Charter of Fundamental Rights safeguards the rights and freedoms of individuals within the
EU, encompassing civil, political, economic, and social rights.
It was officially proclaimed in 2000.
It became legally binding with the Lisbon Treaty in 2009.
It includes rights such as dignity, liberty, privacy, and equality before the law.
It applies to all EU member states.
,Commission v Italy (Trailers) case
In the 'Commission v Italy (Trailers) case,' Italy was found to have violated EU rules by imposing
discriminatory taxes on foreign trailers.
Italy failed to comply with EU law by not treating domestic and foreign products equally.
The European Commission took legal action against Italy, leading to a ruling by the Court of
Justice of the EU.
The case underscored the importance of non-discrimination and fair competition in the EU
single market.
Italy was required to amend its tax legislation to ensure compliance with EU regulations.
Constitutional Treaty (2003–2005)
The Constitutional Treaty aimed to establish a consolidated constitution for the European Union
but failed due to rejections in referendums.
Drafted by the European Convention under the leadership of Valéry Giscard d'Estaing.
Intended to streamline decision-making processes and increase transparency within the EU.
The treaty was signed by EU member states but ultimately not ratified.
Its failure led to the creation of the Lisbon Treaty, which incorporated some provisions from
the Constitutional Treaty.
Council of the European Union
The Council of the European Union is one of the main decision-making bodies of the European
Union, where representatives of EU member states meet to discuss, negotiate, and adopt laws
and policies.
The Council consists of representatives from member states, typically ministers from
national governments.
It shares legislative and budgetary powers with the European Parliament.
The Council's decisions are binding on all member states.
Its primary role is to coordinate policies and resolve conflicts between member states.
Court of Justice of the European Union ruling in Case
C-621/18 Wightman
The ruling addressed the revocability of Article 50 notifications, allowing unilateral revocation
before a withdrawal agreement is in force.
The case was brought by Scottish politicians seeking clarification on the UK's ability to
unilaterally revoke its notification to leave the EU.
The Court concluded that a Member State has the right to revoke Article 50 before the
, withdrawal agreement's entry into force.
This ruling confirmed that a Member State can stop the Brexit process unilaterally without
needing consent from other EU members.
It emphasized the sovereign right of a Member State to decide unilaterally to revoke the
decision to withdraw from the EU.
Delegated and implementing acts
Delegated acts provide the European Commission with the power to supplement or amend non-
essential parts of a legislative act.
Implementing acts are used to ensure uniform application of EU laws across all member
states.
These acts are adopted by the Commission and are directly applicable in all EU countries.
Delegated acts are subject to control by the Parliament and Council, ensuring democratic
oversight.
Both acts play a crucial role in the EU decision-making process and contribute to the
effectiveness of EU legislation.
Derogations from harmonization under Article 114 TFEU
Derogations from harmonization refer to allowed exceptions from standardization efforts
specified under a key article, offering flexibility for member states.
Member states can deviate if necessary precautions are justified and communicated.
Such derogations are meant to balance between uniformity and national sovereignty.
Consistent monitoring is required to ensure derogations do not impede overall integration
goals.
Article 114 TFEU sets the legal framework for such exceptions within the scope of
harmonization.
Direct applicability
Direct applicability refers to the ability of a legal norm to automatically and immediately take
effect without the need for further national legislation.
Direct applicability bypasses the requirement for member states to transpose the norm into
their domestic law.
It is a characteristic of certain types of international agreements and treaties.
Directly applicable norms are enforceable in national courts without the need for
implementation measures.
This principle aims to ensure uniformity and efficiency in legal enforcement across
jurisdictions.
Direct applicability of EU secondary law
